Feist v. Prince

Opinion by

Walker, J.

The question raised here requires us to give a construction to the 49th rule of court relative to taking judgment for want of an affidavit of defence on appeals by defendants from justices of the peace, in action founded on contract expressed or implied.

Marr 6° Bro., for plaintiff; O. P. Bechtel, Esq., and A. P. Spinney y Esq., for defendant.

Are those kind of cases mentioned in the 14th section of the act of 14th April, 1851, (P. L. p. 625,) for which judgment may be taken when within the jurisdiction of the common pleas, the only cases which are-embraced within the rule,…